State v. Dixon

584 So. 2d 668 | La. | 1991

In re Dixon, Henry Alvin; — Defendant(s); applying for writ of certiorari and/or review, writ of prohibition, writ of mandamus, supervisory/remedial writs; to the Court of Appeal, Second Circuit, No. 22,-341-KA; Parish of Caddo, 1st Judicial District Court, Div. “E”, No. 144,687.

Prior report: La.App., 577 So.2d 1232.

Granted in part. Ls.Rev.Stat. 15:529.1 requires that the sentencing judge vacate the original sentence and resentence the defendant as a multiple offender. In re-sentencing, the judge must impose a sentence authorized by La.Rev.Stat. 15:529.1. That statute does not authorize the imposition of a fine, but only provides for enhanced sentences relating to the term of imprisonment. The trial judge was therefore without authority to impose a fine on resentencing under La.Rev.Stat. 15:529.1. Accordingly, the fine and default provisions of defendant’s sentence are deleted. The application is otherwise denied.

Case Details

Case Name: State v. Dixon

Court Name: Supreme Court of Louisiana

Date Published: Sep 6, 1991

Citation: 584 So. 2d 668

Docket Number: No. 91-K-1000

Court Abbreviation: La.